Options and pre-emption rights

View Property by content type:

Latest Property News

Featured Property content

Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
Read More >
9th Nov
Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
Read More >
9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
Read More >
9th Nov
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
Read More >
Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
Read More >
9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
Read More >
9th Nov
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
Read More >
9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
Read More >
9th Nov
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
Read More >
9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
Read More >
9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
Read More >
9th Nov
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
Read More >
9th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
Read More >
9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
Read More >
9th Nov
Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
Read More >
9th Nov

Most recent Options and pre-emption rights content

Practice notes
This Practice Note looks at the way that options and pre-emption agreements over UK land are treated for stamp duty land tax (SDLT) purposes. Options...
Read More >
15th Jan
Practice notes
To be a deed, an instrument must be validly executed:•by the person executing it or a person authorised to execute it in the name of or on behalf of...
Read More >
15th Jan
Practice notes
Option agreements are strictly construed and the option may be lost if the option holder does not exercise it correctly.An option agreement is a...
Read More >
15th Jan
Practice notes
Call options are frequently used by developers to secure a right to buy land if planning permission is obtained. Taking an option provides the...
Read More >
15th Jan
Practice notes
A call option is (generally) an equitable interest in land and must be protected by registration in order to bind the grantor’s successors in title....
Read More >
15th Jan
Practice notes
Offer back (sometimes known as surrender back) clauses oblige the tenant to offer to surrender the lease to the landlord as a pre-condition to the...
Read More >
15th Jan
Practice notes
Unless the option agreement or contract specifically allows for extensions of time, the time limit must be strictly adhered to. It cannot be extended...
Read More >
15th Jan
Practice notes
Law of Property (Miscellaneous Provisions) Act 1989A contract for the sale or other disposition of land, or of any interest in land, is void unless it...
Read More >
15th Jan
Q&As
The starting point is to note that, when the land to which the option agreement relates is sold, the burden of positive covenants contained in the...
Read More >
Produced in partnership with Kate Andrews of Hamlins 8th Jan
Q&As
For the purposes of this Q&A we have assumed that the option in the question is an agreement made between a landowner and a potential purchaser of...
Read More >
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan
Q&As
It is worth noting that the maximum number of trustees of land permitted by statute is four (section 34(2) of the Trustee Act 1925 and section 34(2)...
Read More >
Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 8th Jan
Q&As
Case study:A lease was completed several years ago, but the lease bears only one signature on behalf of the original tenant (in breach of the...
Read More >
Produced in partnership with Elizabeth England of 42 Bedford Row 8th Jan
Precedents
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
Read More >
6th Jan
Precedents
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered address is at]...
Read More >
6th Jan
Precedents
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
Read More >
5th Jan
Precedents
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered office address...
Read More >
4th Jan
Precedents
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered address is at]...
Read More >
4th Jan

Popular documents